Fuentes-Espinoza v. People

delivered the Opinion of the Court.*

¶1 In this case, petitioner Bernardino Fuentes-Espinoza challenges his convictions under Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), on the ground that that statute is preempted by the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101-1537 (2017) (“INA”).1 The court of appeals division below did not consider Fuentes-Espinoza’s preemption argument because it was unpreserved. People v. Fuentes-Espinoza, 2013 COA 1, ¶ 16, — P.3d-. We, however, choose to exercise our discretion to review that argument and conclude that the INA…